The Teach Act – A Safe Harbor for Educational Use of Copyrighted Works

Distance learning has become an increasingly popular means of teaching educational topics to students on-line in undergraduate, graduate and professional development venues. Such distance learning classes strive to match the face-to-face classroom learning experience, which often incorporate display of copyrighted materials,1 in particular digital formatted works, such as photographs, sound recordings and movies to supplement and fortify the learning experience. However, the rights of the copyright owner must be respected in view of Federal Copyright Laws (i.e., the Copyright Act2).

Use of copyrighted works for educational purposes is addressed in a broad sense in Section 107 of the Copyright Act which identifies a “fair use” defense to copyright infringement. Establishment of a “fair use” defense is a fact intensive effort that must be tailored to each individual situation. For example, Section 107 of the Copyright Act requires careful case specific consideration of: (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.

Rather than having to undertake such a fact intensive effort to defend copyright infringement, Section 110(a) of the Copyright Act promulgates a long standing “safe harbor” provision which allows the performance or display of a copyrighted work “by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom.”3

While Section 110(a) provides a “safe harbor” for use of copyrighted works in a face-to-face classroom setting, until the TEACH Act was codified in 2002, the law was not clear regarding use of such works in distance education settings. As a result, educators who used copyrighted works in distance education format risked infringement and/or had to rely on the fact intensive “fair use” defense, because such an educational format could be viewed as not being a face-to-face classroom setting.

Fortunately, Congress enacted the TEACH Act4 (Section 110(2) of the Copyright Act), extending the “safe-harbor” provisions to distance education. Thus, rather than relying on the fair-use defense to copyright infringement, the TEACH Act can be implemented in a checklist type manner. Such a checklist should address all of the TEACH Act requirements including whether: 1) the institution is a nonprofit accredited educational institution; 2) the copyrighted materials are directly relevant to the course; 3) whether controls are in place to limit access to only those students enrolled in the course; 4) only reasonable and limited parts of dramatic literary, musical, or audiovisual works are utilized; and 5) controls are in place to limit the students’ ability to retain or further distribute the materials. In addition, the checklist should address provisions of the Digital Millennium Copyright Act5 to ensure that the prohibition on use of encryption circumvention methods and devices is complied with.

Compliance with the “safe-harbor” provisions of the TEACH Act, for example by developing a comprehensive checklist that is consistent with the Copyright Act, should be implemented to ensure that educators who offer distance education programs are protected from the rough waters that could be encountered through copyright infringement actions.

What Makes Your Business Successful?

As a business owner, you’re probably running into all sorts of issues when it comes to how to run and manage your business. These issues all have to do with ethics and what you know that you should do to insure that the business meets the wants and needs of your customers. However, sometimes, it isn’t as clear and concrete as we would like for it to be and if that’s the case, more often than not, we end up doing things without realizing that we’re actually hurting our businesses.

Many business owners get tricked into doing things that are for the better sake of the word, not too ethical. However, the lines between being honest and ethical are blurred and that’s when many misunderstandings happen and things can get out of hand very quickly if you’re not watchful and observant. That is why as a business owner, it is up to you to make sure that the practices that you have in your business are honest and ethical at all times.

Again, this is easier said than done because of the fact that if the business has many moving parts, then that also means that there are many different practices and such that you need to have a handle on to insure a successful business. Policies, regulations and rules are all a part of insuring that the business runs ethically. It is these guidelines, rules and regulations that will help to guide the business in such a way that it continues to provide the customer exactly what they want and need at all times.

Everything from human resources, customer support, product fulfillment and so on are all a part of the many moving parts of the business, and as such, each of these moving parts must have their own code of ethics in which to follow.

We have all heard the saying, “Honesty is the best policy.” Well this saying is so very true, and it is the first rule of business. If you apply this phrase to your business, then when you manage each of its moving parts, this principle will insure that the business runs smoothly. However, what ends up happening is that business owners learn of the most recent technique or strategy that is supposed to bring the business huge profits and then they begin to use that technique only to realize later on that it is dishonest and deceptive. This is where the lines really become blurred because even though the technique or strategy in question doesn’t seem to be deceptive, the truth comes out when you discover that either your customer base is getting smaller, or they’re simply not buying from you like they used to in the past.

That is why it is so vitally important that before you use any new technique or strategy in your business that you first study it well and go over it with a fine tooth comb to insure that everything about it is honest and ethical. This might mean doing some research on the technique to see how it is being applied in other business models, and even talk to other entrepreneurs who are using the technique or strategy to find out from them how it is working in their businesses firsthand. Then and only then will you have a clear picture and you can decide whether or not to use the technique or strategy.

No matter how appealing something might be and no matter how much money someone claims that they’re making from using one particular technique or strategy, you should investigate it first to insure that the claims that are made are actually true. The last thing that you want to do is to use something that will cause your business to become tainted with bad business practices in the hope of making more money. This is where greed steps in because all business owners do want to make more money, but the question is; is it really worth it to use a technique or strategy that is less than ethical?

This is a question that you must constantly ask yourself when confronted with a new way of doing things in your business. This is why running and managing a business is so difficult to do, and most people don’t realize it. They’re misled by people who teach them that Internet business is really easy to do. What should matter most is your customers because without customers, then you don’t have a business at all.

More often than not, ethics is thrown out the window and replaced with greed and deception in the hope of making more money for the ones at the top. Greed even trickles down through the different levels of the business affecting all of its employees and staff members. If it is bad enough, it can even cause the breakup of the business. This has happened to many businesses in the past, and it has even happened to huge corporations who have ended up on the news because of the issues facing them concerning greed and deception.

Sure you want to make as much money as humanly possible, but if ethics are thrown out in order to get that money, then is it really worth it? Is it really worth ruining your reputation just to make more money quickly? Is it really worth it even at the expense of your employees and your customer base? Are you willing to make that sacrifice? That is the question that you must ask yourself if you’re thinking about doing something that is less than ethical in your business.

The road to business success is a long and dangerous road that has many deceiving things along the way that you must be on the watch for. That is why you should remain smart and don’t get wound up in using techniques or strategies that are less than ethical. Remember, honesty is the best policy, and that is a statement that you can take straight to the bank!

MLM Training and Education – Your, 1,2 Knock Out Punch

MLM training and education should be the foundation of your business success. In fact, I’d argue that you will see the success in your MLM business to the degree that your training and education is comprehensive. Many folks make the mistake of thinking that because a MLM business is easy to get into – you don’t need a fancy degree or designation, that there is no need for training. But this can be a fatal mistake. As in all other areas of life. The more varied and deep your training is, the more successful you will be. Tiger Woods is successful to a large degree because of his training and education in golf.

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You can have all the talent you’d like in the world, but if you don’t train that talent and educate yourself on how best to use your skills you won’t be able to play in the big leagues. So let me give you 3 tips to get the most out of your MLM training and education.Tip #1
It is important to appreciate that you will likely need to spend a little bit of money in training and educating yourself. There are very few courses in anything that are free, especially if you are after the best quality. And yes, with the Internet you can search and find a lot of free materials. But if you’re serious about your MLM business you owe it to yourself to spend the money to access the best training and education materials. This will vastly speed up your learning curve than wasting hours searching for free information.Tip #2
A journey of a thousand miles as the Chinese saying goes, begins with a single step. And so it is with your MLM training and education. Try to see the forest for the trees. You are on a journey to excellence and that will take time. Don’t focus on the end goal as much as the process of getting there.

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Tip #3
Mindset is a very important strategy and skill to develop. Your MLM business is all about numbers. You will have a lot of frustration if you just focus on all the people that don’t see MLM like you do. Focus instead on your MLM training and education and remain positive and optimistic. Because there are hundreds of successful MLMers who have been there before you and are now enjoying the fruit of their labors.I hope you’ve enjoyed the tips and strategies in this article to improve your business success. I’ve got tons of additional high impact, easy to incorporate strategies at my website.

The Energy Healing Power of Natural Medicine

Natural medicine is a system that uses a variety of therapeutic or preventive health care practices such as homeopathy, naturopathy, chiropractic, and herbal medicine. Alternative medicine is also known as traditional, naturopathic, natural or holistic medicine. Proponents of alternative medicine are not refuting the validity of discoveries in and the practical uses of conventional medicine, but are merely trying to put some things into perspective. Due to the widespread interest in natural medicine along with the disappointment and disenchantment with Western medicine, many people, especially in the United States and Europe, where conventional medicine has taken a dominant foothold, are seeking the advice and treatment from naturopathic physicians. These practitioners include herbalists, acupuncturists, naturopaths, chiropractors, and others, who advocate preventative health measures as well as recommend wholesome foods and nutritional supplements for their patients and clients. Considering the growing popularity and effectiveness of alternative health treatments and products, certified and licensed professional practitioners of such medical practices should be given their rightful and respectful place in medical society. Natural medicine has been proven not only to be safe, but more effective than Western medicine in treating many chronic illnesses such as diabetes, hypertension, asthma and many other diseases as well

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The history of Natural Medicine and its roots can be traced back thousands of years to ancient cultures such as India and China. Ayurvedic (E. Indian) and Chinese medicine, along with their diagnostic and herbal systems, are still used in these countries extensively, as well as in the United States, especially in Europe, where alternative medicine is well respected. Chinese herbal medicine has a documented history of over 2500 years in China, and is now widely used by practitioners all over the world. It has been legally practiced in the United States. since the mid seventies by licensed acupuncturists. Homeopathy is also a well-known form of alternative medicine discovered in the 18th century by German physician Samuel Hahnemann, but was practically stamped out in the U.S. in the late nineteenth century by the American Medical Association. In 1938, though, the U.S. Food, Drug, and Cosmetic Act finally recognized homeopathic pharmacopoeia as the legal equivalent of allopathic medicine.Another more contemporary and popular form of herbal medicine, called Western herbalism, can be traced back about two hundred years in America. Samuel Thomson, born in 1769, is considered the father of Western herbalism. He discovered over sixty different medically effective native plants by clinical testing, and on the basis of these findings, devised a theory of disease and botanical drug action. Randy Kidu, D.V.M., Ph.D., writes in his articled entitled A Brief History of Alternative Medicine: “The history of herbal medicine is interesting because herbs have been a part of our diet and pharmacy since man began roaming the earth. Coprophytic evidence (seeds and other plant part(found in preserved fecal pellets) points to herbal use by cavemen. Early herbalists practiced their trade since before recorded history in all parts of the world including China, Egypt, Greece, Rome, Africa, England, the Americas, and Europe. Many herbs are also mentioned in the Bible. Today, based on sheer numbers of folks who use one form of herbal medicine or another, it remains the most-used medicine worldwide.”Twenty-five hundred years after the advent of allopathic medicine, modern medicine is still grappling with the idea that herbal medicine could be an effective treatment, and not just quackery, although thousands of years of recorded history has proved its efficacy. A new model of understanding in medicine needs to be incorporated into the existing allopathic model. Because of the growing popularity and effectiveness of natural medicine, practitioners may eventually be given their deserved place in medical society. The incorporation of natural medical practices into the existing model of conventional Western medicine, including the training of new medical doctors, is now called Complimentary Medicine. In order to solve our health problems, this modern paradigm for treatment in medicine must be promoted. This can only truly emerge when bias, self-interest, greed and discrimination is discarded and diverse medical knowledge is promoted and shared, not only between university trained scientists and medical doctors, but among Alternative Medicine practitioners, philosophers, metaphysicians, and other intelligentsia of society as well.